In this era of increasing global mobility, immigration law has become a key area of growth for many law firms. Handling each case with a level of depth and complexity requires both insightful legal analysis and effective case management. Some of the most successful law practitioners have already discovered secret mechanisms for overcoming these challenges,…
Foreign nationals and U.S. employers or family sponsors have been in anticipation for the publication of the U.S. Department of State (DOS) October 2023 Visa Bulletin to ascertain their eligibility to apply for permanent residence in the U.S. The much-anticipated bulletin is a step in the right direction, especially for employment-based visa applicants such as…
In a notable ruling delivered on September 13, 2023, the U.S. District Court for the Southern District of Texas declared the Deferred Action for Childhood Arrivals (DACA) final rule as unlawful. Originally instituted in 2012, DACA aims to safeguard specific undocumented immigrants who were brought into the United States during their childhood from deportation, whilst…
The recent challenge to the National Association of Immigration Judges’ (NAIJ) right to free speech was dismissed by a Virginia federal judge, despite the court recognizing the association’s standing to make the challenge. The group’s legal action sought to protect what they see as an essential right to publicly express their views on immigration matters,…
In an announcement that will be of interest to international law firms and global corporations alike, it’s being reported that the UK Home Office has confirmed plans to increase fees for immigration and nationality applications, with these changes coming into effect on October 4, 2023. An initial notice of these impending hikes was given in…
In a notable ruling regarding the Deferred Actions for Childhood Arrivals (DACA) ongoing saga, Judge Andrew Hanen from the Southern District of Texas has declared that the new DACA Final Rule, put forth by the Biden Administration, is unlawful. Hanen not only declared the rule unlawful, but he also extended the original injunction and order…
Canada announced additional sanctions on three prominent Haitian businessmen on Thursday, reportedly in response to corruption and other destabilizing factors in Haiti. The Canadian Foreign Ministry issued a statement outlining the sanctions on Marc Antoine Acra, Carl Braun and Jean-Marie Vorbe. These individuals, in addition to their business roles, have alleged links to corruption that…
As a focal point for global talent, the United States provides unparalleled opportunities for artists and musicians from every corner of the world. Whether they plan to express their talent on stage, screen, or in recorded performances, the doors of opportunity are wide open. However, the U.S also enforces some of the strictest immigration laws…
The U.S. Department of State has released the October 2023 Visa Bulletin, indicating a degree of forward movement from the previous month, barring some exceptions. In particular, the filing date for EB-3 worldwide has been noted to retrogress by four months. This elegantly covers the developments marking the commencement of the 2024 fiscal year, in…
After over three years, The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) are concluding their Covid-19 temporary flexibilities. The measures had been put in place to allow employers to complete the I-9 verification protocol remotely due to the coronavirus pandemic. The change was announced by ICE on May 4, 2023,…
In a significant development, a federal judge recently invalidated the final regulations concerning the Deferred Action for Childhood Arrivals program, colloquially known as DACA. There is an increasing likelihood that the program may not continue to exist in its current form, according to a JD Supra report. This policy, which was initiated by the Obama…
In their bi-monthly report, ‘Talent Without Borders: Immigration Insights’, for the months of September and October 2023, Holland & Hart – Employers’ Lawyers elaborate on the updates provided by the Department of State in the October 2023 Visa Bulletin. Detailed insights can be accessed here. On September 15, 2023, the Department of State published the October…
The potential for a government shutdown in the United States is a looming concern for residents, government employees, and legal professionals alike. With September 30, 2023, set as the deadline for Congress to fund the government, apprehensions are mounting over how such a shutdown may impact critical public services. Notably, a significant area of concern…
The Brook House Inquiry, chaired by Kate Eves, revealed numerous cases of human rights abuses in the UK’s Brook House Immigration Removal Centre. Conducted to assess incidents between April and August 2017, the investigation uncovered 19 instances of mistreatment contravening Article 3 of the European Convention on Human Rights. Evident violations included exposing detained individuals…
In an important update, the U.S. Department of State announced that all receipts for payment of Machine-Readable Visa (MRV) fees, issued before October 1, 2022, will expire on September 30, 2023. This declaration has potential implications for legal professionals and global corporations employing foreign nationals, as it directly impacts the visa application and processing timelines….
Following the recent expiry of the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers on September 14, 2023, employers in the manufacturing sector and others within the automotive supplier network are faced with the task of ensuring compliance with immigration rules amidst a turbulent strike situation. After negotiations broke down between the…
Applying for a U.S. visa is no simple task, particularly in the wake of the COVID-19 pandemic which has drastically impacted visa procedures and policies. With visa issuance becoming a complex undertaking, it has become increasingly important to identify and avoid common pitfalls in the visa application process to increase your chances of receiving visa…
Navigating immigration bureaucracy is a task that neither companies nor visa applicants take lightly. Each month, the U.S. federal immigration authorities provide a glimmer of predictability into this otherwise complex process – a list of dates informing immigrant visa applicants of when they may expect notification to assemble and provide the necessary documentation to the…
In a world where legal policies are ever-changing and adapting, legal professionals must constantly navigate the evolving landscape. One such area of shifting terrain is the topic of changes to a job post-PERM certification. This issue comes into play when employers undergo the process of sponsoring a foreign national for permanent residency, commonly referred to…
Effective from January 1, 2024, Illinois will implement substantial changes to its Human Rights Act. Notably, the revised Act will add immigration status as an additional basis of discrimination prohibited by law. This landmark decision serves as a significant development towards ensuring equality and fairness for all in Illinois, irrespective of their immigration status. These…
The UK charity, Public Law Project (PLP) revealed that they have issued a letter to Lord Chancellor Alex Chalk, making the case that he is in breach of his legal obligation to offer legal aid to asylum seekers in England and Wales, as is his responsibility under s.1 (1) of the Legal Aid, Sentencing and…
In view of the federally mandated fiscal year, the U.S. Congress is annually tasked with reaching a consensus to fund the federal government. The unfortunate aftermath of the inability of the Congress to find common ground and pass the required appropriations bill is a potential partial government shutdown. With the looming October 1, 2023, deadline,…
Several civil rights groups have recently filed a complaint against the Florida Department of Children and Families and the Florida Agency for Health Care Administration. They accuse the state of using administration practices that hinder continued Medicaid receipt by eligible beneficiaries, specifically those who are Latinos, immigrants, or Black. This action, according to the organizations,…
The U.S. Citizenship and Immigration Services (USCIS) has recently raised the bar for adjudicating petitions in the Extraordinary Ability and Outstanding Professor or Researcher categories. In an update to its policy manual, the agency has set out new guidance for evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based…
The U.S. has recently granted asylum to Mexican journalist Emilio Gutiérrez Soto, concluding a protracted 15-year legal battle. Gutiérrez Soto was compelled to flee Mexico in 2008 following his critical reporting on the Mexican military, which attracted negative attention from the country’s authorities. Ever since, Gutiérrez Soto has been tirelessly fighting for secure asylum status…